due process

noun

Definition of due process

1 : a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

— called also procedural due process

2 : a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

— called also substantive due process

Examples of due process in a Sentence

Due process requires that evidence not be admitted when it is obtained through illegal methods.

Recent Examples on the Web

The new policy also violates the due process clause of the 5th Amendment to the U.S. Constitution, the states argue. — Patrick Mcgreevy, Los Angeles Times, "California sues over Trump immigration policy on indefinite detention of migrant children," 26 Aug. 2019 Others have called for gutting the Bill of Rights and trampling on due process, empowering government to curtail, suspend, or revoke the civil rights of Americans who have not been arrested or charged with any crime, much less convicted of one. — Kevin D. Williamson, National Review, "The Reflex toward Illiberal Democracy," 7 Aug. 2019 In February, Taylor, Worrall and Cohen filed a federal lawsuit against UTD, arguing the school violated their due process and only continued to pursue firings in response to the News’ investigation. — Dallas News, "UTD president won't punish professors involved in transfer credit deal," 6 Aug. 2019 Long term, Isacson said asylum-seeking migrants from Central America won't stop coming until conditions driving them to leave their countries improve and the U.S. takes steps to speed up asylum cases, while protecting due process. — Rafael Carranza, azcentral, "Once overflowing migrant shelters along southern border closing as releases plummet," 26 July 2019 The suit also says the act violates the due process clause of the Fourteenth Amendment, and the dormant Commerce Clause, which affects interstate commerce. — Maura Judkis, Washington Post, "Tofurky takes Arkansas to court over the word ‘meat’," 23 July 2019 Some of the changes stemmed from judges’ concerns about due process in the disciplinary system and other issues of fairness, said attorney Kevin B. Collins, who represented the Maryland Circuit Judges Association. — Alison Knezevich, baltimoresun.com, "New discipline rules will keep reprimands of Maryland judges private," 17 July 2019 The lawsuit argues that rent regulations violate the 14th Amendment’s due process clause and the takings clause of the Fifth Amendment, which says private property shall not be taken for public use without just compensation. — New York Times, "Landlords Strike Back, Suing to Dismantle Rent Regulation System," 16 July 2019 Law-enforcement agencies must comply with U.S. Department of Homeland Security Immigration and Customs Enforcement detention requests, which the lawsuit contends is a violation of the due process clause of the 14th Amendment. — Lisa Maria Garza, orlandosentinel.com, "Central Florida immigration advocates among challengers of ‘sanctuary cities’ ban in federal lawsuit," 16 July 2019

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'due process.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

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More Definitions for due process

due process

noun

English Language Learners Definition of due process

US, law : the official and proper way of doing things in a legal case : the rule that a legal case must be done in a way that protects the rights of all the people involved

See the full definition for due process in the English Language Learners Dictionary

due process

noun

Legal Definition of due process

1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles

— called also procedural due process

2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual

— called also substantive due process

Note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions.

3 : the right to due process acts that violated due process

due process

Definition of due process

Examples of due process in a Sentence

First Known Use of due process

English Language Learners Definition of due process

Legal Definition of due process

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